Chun Yan Dong and Lowery N. Lowery are also requesting for a jury trial.
Records showed that on Dec. 20, 2003, Lowery was driving Chun Yan Dong’s vehicle with permission, when it collided with the car driven by Jovelyn Priest.
On May 26, 2004, Priest filed a complaint in Superior Court against Chun Yan Dong, Lowery and Royal Crown Insurance for her personal injury claim.
“Under the terms of the policy and the laws of the commonwealth, Royal Crown became obligated to represent or tender a defense for Chun Yan Dong and Lowery against third-party claims,” the complaint filed by Chun Yan Dong and Lowery stated.
The complaint said Royal Crown did not tender a defense for the two “nor did it appear on their behalf in the lawsuit.”
“However, Royal Crown filed an answer on its behalf,” the complaint added.
On July 8, 2004, the Superior Court entered a default ruling against Chun Yan Dong and Lowery for their failure to file an answer or make any appearance in the lawsuit.
On Aug. 6, 2006, Priest dismissed Royal Crown from the case.
On May 17, 2007, the Superior Court entered judgment against the two, “jointly and severally,” in the amount of more than $70,000 that exceeded the limits of Chun Yan Dong and Lowery’s insurance policy.
Royal Crown hired a counsel to represent Chun Yan Dong and Lowery but they were never informed that Royal Crown hired the counsel for them.
“As a direct and proximate result of the breach of contract and the failure and refusal of Royal Crown to defend Ms. Dong and Mr. Lowery, both were damaged in an amount to be proven at trial,” said attorney David Banes, who represents the two plaintiffs.
